Seismic Improvement Project Proposal

Seismic Improvement Project Proposal

Parties and Project Identification

Client Name:    Contractor Name:

Recitals

WHEREAS, Client Name: is the owner or authorized representative of the property at the Project Address and desires to reduce seismic risk to life-safety and structural performance; and

WHEREAS, Contractor Name: represents that it possesses the professional qualifications, experience, licenses and insurance necessary to perform seismic improvement design, structural strengthening and associated construction services in accordance with applicable codes and standards; and

NOW, THEREFORE, the parties propose the terms set forth in this Proposal, subject to execution of a binding Agreement incorporating these terms.

Scope of Work

Work includes, at a minimum: seismic assessment, structural design drawings, structural calculations stamped by a licensed engineer, foundation and framing strengthening, connections, tie-downs, installation of specified hardware, inspections, and final compliance documentation required for permit closeout and occupancy where applicable. Contractor shall perform all work in a workmanlike manner consistent with industry standards and applicable building codes.

Deliverables and Schedule

Anticipated start date: Month Day Year

Anticipated substantial completion date: Month Day Year

Payment Terms

Total Proposed Contract Price: $

Retainage (if any):    Payment due net days from invoice.

Late Payment Fee: Delinquent balances shall accrue interest and Contractor may suspend work after reasonable notice if invoices remain unpaid beyond the agreed payment period.

Term and Termination

Term Commencement Date: Month Day Year

Anticipated Termination/Substantial Completion Date: Month Day Year

Either party may terminate this Proposal by providing written notice to the other party at least days prior to the intended termination date. Termination for cause shall be permitted for material breach following failure to cure within a reasonable cure period. Upon termination, Contractor shall be entitled to payment for work performed and costs reasonably incurred through the effective termination date.

Change Orders

Changes to the Scope of Work, Contract Price or Schedule shall be documented by written change orders signed by authorized representatives of both parties. Contractor shall not proceed with changed work without an executed change order except where required to address an immediate safety or code compliance issue; such emergency work will be documented and billed as change work.

Permits, Inspections and Approvals

Contractor shall prepare required design documents and assist with permit applications as agreed. Client is responsible for permit fees and for timely approvals unless otherwise expressly included in the Payment Schedule. Contractor shall coordinate inspections and supply evidence of completed work to satisfy permit/inspection requirements.

Confidentiality

Each party shall treat as confidential all technical, financial and proprietary information provided by the other party in connection with this Proposal and shall not disclose such information to third parties except to its employees, consultants or lenders who have a legitimate need to know and are bound by confidentiality obligations no less protective than those set forth herein. Confidential information does not include information that is public without breach, already known by the receiving party, or independently developed by the receiving party without use of the disclosing party's confidential information.

  I elect to treat this Proposal and supporting documents as confidential.

Insurance and Indemnity (Summary)

Contractor shall maintain industry-standard liability and workers' compensation insurance during performance of the work. Contractor shall indemnify and hold harmless Client from liabilities arising out of Contractor's negligent acts, omissions or willful misconduct in connection with the work, except to the extent attributable to Client's negligence or breach.

Governing Law and Dispute Resolution

This Proposal and any resulting Agreement shall be governed by and construed in accordance with the laws of the state in which the Project Address is located, without regard to its conflict of law rules. The parties shall first attempt to resolve disputes by good faith negotiation. If unresolved, disputes shall be resolved by binding arbitration or litigation as elected in the final Agreement.

Entire Agreement

This Proposal, together with any attached schedules, exhibits and executed change orders, constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior agreements, representations and communications, whether written or oral. No amendment shall be binding unless in writing and signed by authorized representatives of both parties.

Attachments and Assumptions

Acceptance

By signing below, the parties acknowledge that they have read and understand the terms of this Proposal and agree to negotiate and execute a final binding Agreement incorporating these terms. This Proposal is an offer and shall become binding when signed by authorized representatives of both parties.

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